When an adult becomes incapacitated due to illness, injury, or cognitive decline, guardianship allows a trusted person to step in and make decisions on their behalf. Our attorneys guide families through this difficult process.
Adult guardianship is a court-supervised legal relationship in which a guardian is appointed to make personal and healthcare decisions for an adult who lacks the capacity to make those decisions themselves. This most commonly arises when a family member develops dementia or Alzheimer's disease, suffers a serious brain injury, or has a significant intellectual or developmental disability. Our adult guardianship lawyers help families navigate the court process with sensitivity and efficiency.
Establishing guardianship requires filing a petition with the circuit court, providing medical documentation of the alleged incapacitated person's condition, and attending a hearing at which the court determines whether guardianship is warranted. The court appoints a guardian ad litem to represent the interests of the alleged incapacitated person. We prepare families thoroughly for each step and handle all required filings.
Guardianship is a more involved and court-supervised process than a power of attorney, and it is generally pursued only when no prior planning documents — such as a durable power of attorney or healthcare power of attorney — are in place. This is one of the most important reasons to establish these documents in advance. When planning has not occurred and a family is in crisis, guardianship provides the legal mechanism to ensure an incapacitated person is protected.
We represent clients throughout the Northern Panhandle of West Virginia and surrounding areas.
Contact our adult guardianship attorneys today. We will guide you through the process with care and make it as straightforward as possible.